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WEIGHTS  AND  MEASURES 

CONSTITUTIONAL   PROVISION. 

ARTICLE  XI. 

SEC.  14.  The  legislature  may  by  general  and  uniform 
laws  provide  for  the  inspection,  measurement  and  gradua- 
tion of  merchandise,  manufactured  articles  and  commodi- 
ties, and  may  provide  for  the  appointment  of  such  officers 
as  may  be  necessary  for  such  inspection,  measurement  and 
graduation.  [Amendment  adopted  October  10,  1911.] 


GENERAL  LAWS 

An  act  to  establish  a  standard  of  weights  and  measures 
in  the  State  of  California;  to  regulate  weights  and 
measures  and  weighing  and  measuring  instruments 
and  devices  and  providing  for  the  inspection  and 
sealing  thereof;  to  prevent  the  use  and  sale  of  false 
weights  and  measures  and  weighing  and  measuring 
instruments  and  devices;  providing  for  the  inspection, 
measurement  and  weighing  of  goods,  commodities, 
wares,  packages  and  amounts  of  commodities  kept 
for  sale  or  in  process  of  delivery;  to  prevent  the  sale 
of  goods,  wares  and  merchandise  by  false  weights  and 
measures ;  to  provide  penalties  for  the  violation  of  the 
provisions  of  this  act;  for  the  admission  in  evidence 
of  copies  of  the  state's  standard  of  weights  and 
measures;  providing  for  the  appointment  of  officers 
to  enforce  and  carry  into  effect  the  provisions  of  this 
act  including  a  State  Superintendent  of  Weights  and 
Measures  and  his  deputy,  sealers  of  weights  and 
measures  and  their  deputies;  defining  the  powers  and 
duties  of  such  officers;  and  making  an  appropriation 
to  carry  this  act  into  effect. 

[Approved  June  16,  1913;  Statutes  1913,  chap.  597, 
p.  1086.  Amendments  approved  June  8,  1915;  Statutes 
1915,  chap.  668,  p.  1312.] 

Office  of  superintendent  of  weights  and  measures  created. 
SECTION  1.  There  is  hereby  created  the  office  of  State 
Superintendent  of  Weights  and  Measures.  Within  thirty 
days  after  this  act  becomes  effective,  the  governor  shall 
appoint  a  suitable  person  as  State  Superintendent  of 
Weights  and  Measures.  Wherever  in  this  act  the  term 
superintendent  or  state  superintendent  is  used,  it  shall  be 
taken  as  referring  to  and  meaning  State  Superintendent 
of  Weights  and  Measures. 

Term.     Salary.      Bond. 

SEC.  2.  The  term  of  office  of  State  Superintendent  of 
Weights  and  Measures  shall  be  four  years,  or  until  his 
successor  shall  have  been  appointed  and  qualified,  but  he 
shall  always  be  subject  to  removal  at  the  pleasure  of  the 
governor.  The  salary  of  State  Superintendent  of  Weights 
and  Measures  shall  be  thirty-six  hundred  dollars  per 
annum,  payable  in  the  same  manner  as  other  state  officers 
are  paid.  Before  entering  upon  his  duties  he  shall  execute 
a  bond  to  the  state  in  the  sum  of  five  thousand  dollars 
conditioned  upon  the  faithful  performance  of  his  duties. 
[1915  Amendment.'] 


2—21507 


393694 


4  GENERAL    LAWS. 

Deputies.     Salaries. 

SEC.  3.  The  state  superintendent  may  appoint  a 
deputy,  who  shall  have  the  same  powers  as  the  state 
superintendent.  Such  deputy  shall  receive  a  salary  of 
eighteen  hundred  dollars  per  annum,  payable  in  the  same 
manner  as  other  state  officers  are  paid.  He  shall  be  at 
all  times  subject  to  removal  at  the  pleasure  of  the  state 
superintendent.  The  state  superintendent  may  also 
appoint  additional  deputies  from  time  to  time  to  serve  as 
sealers  of  weights  and  measures  at  the  request  of  coun- 
ties, as  provided  in  section  sixteen  of  this  act.  Such 
deputies  when  actually  employed  shall  be  paid  at  the  rate 
of  one  hundred  and  fifty  dollars  per  month  by  the  county 
engaging  their  services  and  not  by  the  state.  They  also 
shall  receive  their  actual  traveling  expenses  from  such 
county.  [1915  Amendment.} 

Traveling   and   office  expenses. 

SEC.  4.  The  state  superintendent  and  his  deputy  shall 
each  be  allowed  their  actual  traveling  expenses,  to  be 
approved  by  the  state  board  of  control  in  the  same  manner 
as  other  claims  against  the  state.  The  state  superintend- 
ent shall  also  be  allowed  necessary  office  expenses  to  be 
approved  by  the  state  board  of  control  in  the  same  manner 
as  other  claims  against  the  state. 

Standards  of  weights  and   measures. 

SEC.  5.  The  standards  of  weights  and  measures 
received  from  the  United  States  under  a  resolution  of 
congress  approved  June  14,  1836,  and  such  new  weights 
and  measures  as  shall  be  received  from  the  United  States 
as  standard  weights  and  measures  in  addition  thereto  or 
renewal  thereof,  and  such  as  shall  be  procured  by  the 
state  in  conformity  therewith  and  certified  by  the  national 
bureau  of  standards,  shall  be  the  state  standards  by  which 
all  state,  county  and  municipal  standards  of  weights  and 
measures  shall  be  tried,  proved  and  sealed. 

Custody  of  standards.     Tolerances. 

SEC.  G,  The  standards  referred  to  in  the  preceding 
section  shall  be  kept  by  the  state  superintendent  in  a  safe 
and  suitable  place  in  his  office  from  which  they  shall  not 
be  removed  except  for  repairs  or  certification.  He  shall 
maintain  such  standards  in  good  order  and  shall  submit 
them  at  least  once  in  ten  years  to  the  national  bureau  of 
standards  for  certification.  Upon  demand  the  secretary 
of  state  shall  deliver  to  the  state  superintendent  all 
standards  now  under  the  control  and  in  the  possession  of 
the  secretary  of  state  in  his  capacity  of  ex  officio  state 
sealer  of  weights  and  measures.  The  state  superintendent 


DEPARTMENT    WEIGHTS    AND    MEASURES.  5 

shall  thereupon  submit  such  standards  received  from  the 
secretary  of  state  to  the  national  bureau  of  standards  for 
certification,  and  he  shall  replace  such  standards  as  are 
incorrect  and  purchase  such  additional  standards  as  shall 
be  necessary  to  complete  and  make  up  a  complete  standard 
of  weights  and  measures  as  required  by  this  act.  He  shall 
also  purchase  such  apparatus  as  shall  be  found  necessary 
to  a  proper  prosecution  of  the  work  of  the  office.  The 
State  Superintendent  of  Weights  and  Measures  may  estab- 
lish tolerances  for  use  in  the  State  of  California  similar 
to  the  tolerances  established  by  the  national  bureau  of 
standards-,  and  he  may  establish  a  standard  net  weight,  or 
net  measure,  or  net  count,  of  any  commodity,  produce,  or 
article.  [1915  Amendment.} 

Copies  furnished  cities,  etc.     Testing. 

SEC.  8.  The  state  superintendent  shall,  at  the  request 
of  the  legislative  body  of  any  county,  city,  town,  or  city 
and  county,  furnish  to  said  county,  city,  town  or  city  and 
county,  copies  of  the  standard  weights  and  measures  of  the 
state ;  such  copies  shall  be  furnished  at  the  expense  of  the 
county,  city,  town  or  city  and  county  requesting  the  same. 
He  shall  upon  request  of  the  legislative  body  of  any 
county,  city,  town,  city  and  county  or  upon  the  request  of 
a  sealer  of  weights  and  measures  of  any  such  county, 
city,  town  or  city  and  county,  appointed  pursuant  to  the 
provisions  of  this  act,  test  and  accurately  approve  copies 
of  the  state's  standards  of  weights  and  measures  procured 
by  any  such  county,  city,  town  or  city  and  county  to  be 
used  by  a  sealer  of  weights  and  measures  in  the  perform- 
ance and  discharge  of  his  duties.  Copies  furnished  under 
the  provisions  of  this  section  or  copies  tested  and  approved 
by  the  state  superintendent  under  the  provisions  of  this 
section  shall  be  true  and  correct ;  shall  be  sealed  and 
certified  to  by  the  state  superintendent  and  stamped  with 
the  letter  "C."  Such  copies  need  not  be  of  the  same 
material  or  construction  as  the  standards  of  the  state  and 
such  copies  may  be  furnished  in  any  suitable  materials 
or  construction  that  the  county,  city,  town,  or  city  and 
county  requiring  the  same  may  specify,  subject  to  the 
approval  of  the  state  superintendent. 

Inspection    of   standards    used    by   cities,   etc.      Expense   of 
testing.     Complete  set  of  copies. 

SEC.  9.  The  state  superintendent  shall  inspect  and 
correct  the  standards  used  by  each  county,  city,  town  and 
incorporated  city  and  county  of  the  state,  and  at  least 
once  in  two  years  compare  the  same  with  those  in  his 
possession  and  keep  a  record  of  the  same,  and  where  not 


6  GENERAL   LAWS. 

otherwise  provided  by  law  he  shall  have  general  super- 
vision of  the  weights  and  measures  and  weighing  and 
measuring  devices  offered  for  sale,  sold  or  in  use  in  the 
state.  Sealers  of  weights  and  measures  appointed  under 
the  provisions  of  this  act  shall,  upon  the  request  of  the 
state  superintendent,  deliver  to  the  state  superintendent 
at  his  office  the  copies  of  the  state's  standards  of  weights 
and  measures  in  their  possession,  and  used  in  the  dis- 
charge and  performance  of  their  duties,  for  verification 
and  certification  by  the  state  superintendent.  The  actual 
expense  of  such  comparison  and  verification  shall  be  borne 
by  the  county,  city,  town  or  city  and  county  whose  weights 
and  measures  are  compared  and  verified.  In  addition  to 
the  standards  heretofore  referred  to  and  required  to  be 
kept  by  the  state,  the  state  shall  also  have  a  complete  set 
of  copies  of  said  original  standards  of  weights  and  meas- 
ures adopted  by  this  act,  which  shall  be  used  for  adjusting 
county  and  municipal  standards  by  the  state  superintend- 
ent and  his  deputy  in  the  performance  of  their  duties, 
and  the  original  standards  shall  not  be  used  except  for  the 
adjustment  of  this  set  of  copies  and  for  certification 
purposes.  Additional  complete  sets  of  copies  of  such 
original  standard  of  weights  and  measures  may  be  pur- 
chased by  the  superintendent  when  the  same  are  neces- 
sary for  use  by  any  deputy  state  superintendent  employed 
by  counties  under  section  sixteen  of  this  act.  The  state, 
however,  shall  be  reimbursed  for  the  purchase  of  such 
copies  by  the  county  in  which  the  same  are  used,  in  the 
manner  hereinafter  provided. 

Testing   of  weights   and    measures    used    by   state    institu- 
tions. 

SEC.  10.  The  state  superintendent  or  his  deputy  shall, 
at  least  once  annually  and  as  often  as  requested  by  the 
state  board  of  control  or  the  executive  officers  of  the 
institutions  herein  referred  to,  test  the  scales,  weights 
and  measures  used  in  checking  the  receipt  and  disburse- 
ment of  supplies  in  every  institution  conducted  by  the 
state,  and  he  shall  report  in  writing  his  findings  to  the 
executive  officer  of  the  institution  concerned  and  to  the 
state  board  of  control. 

Inspecting  work  of  local  sealers. 

SEC.  11.  The  state  superintendent  or  his  deputy  shall 
at  least  once  in  two  years  visit  the  various  cities  and 
counties  of  the  state  and  inspect  the  work  of  the  local 
sealers  of  weights  and  measures,  and  in  the  performance 
of  said  duties  he  or  his  deputy  may  inspect  the  weights, 
measures,  balances  or  any  other  weighing  or  measuring 
devices  of  any  person,  firm  or  corporation.  The  state 


DEPARTMENT    WEIGHTS    AND    MEASURES.  7 

superintendent  and  his  deputy  shall  have  all  the  powers 
of  sealers  of  weights  and  measures  provided  for  in  this 
act. 

Sealers    who    neglect    duties.      Hearing,    etc.      Not    to    sell 
weighing    instruments. 

SEC.  12.     The  state  superintendent  if  he  finds  that  any 
sealer  of  weights  and  measures  appointed  under  the  pro- 
visions of  this  act,  or  any  sealer  or  deputy  sealer  appointed 
by  any  city  or  county  in  this  state,  prior  to  this  act,  has 
refused  or  neglected  to  perform  the  duties  of  his  office  or 
refused  to  accept  the  recommendations  and  instructions  of 
the  state  superintendent  or  is  guilty  of  any  malfeasance 
in  office  or  who  is  incompetent,  shall  present  to  the  body, 
officer  or  board  having  power  to  remove  such  sealer  or 
deputy  sealer  of  weights  and  measures  a  written  charge 
and  accusation  based  upon  and  clearly  stating  the  alleged 
offense  or  offenses  of  such  sealer  or  deputy  sealer  and 
request  such  body,  officer  or  board  to  hear  and  determine 
such  charge  and  accusation.     Upon  receipt  of  such  charge 
and  accusation,  it  shall  be  the  duty  of  the  body,  officer  or 
board  with  whom  the  same  have  been  filed  to  make  an 
order  setting  the  same  for  hearing  at  a  time  which  shall 
be  not  less  than  ten  nor  more  than  twenty  days  from  the 
date  upon  which  such  charge  and  accusation  shall  have 
been  filed,  and  shall  in  such  order  fix  the  time  and  place 
for  such  hearing.     A  copy  of  such  charge  and  accusation, 
together  with  a  copy  of  such  order,  shall  be  served  upon 
the  accused  at  least  seven  days  prior  to  the  time  fixed  for 
such  hearing;  provided,  that  in  the  event  he  shall  absent 
himself  from  his  usual  place  of  business,   or  office,  such 
service  may  be  made  by  depositing  such  copies  in  a  con- 
spicuous place  therein  or  by  leaving  the  same  at  the  last 
known  place  of  residence  of  the  accused,  within  the  time 
above  limited.     At  such  hearing  the  accused  shall  have 
the  right  to  be  represented  by  counsel,  if  he  so  desires, 
and   to  produce  witnesses  and  documentary   evidence  in 
his  defense.     If,  upon  such  hearing,  he  be  found  guilty  of 
malfeasance  in  office,  or  adjudged  to  be  incompetent  to 
perform  the  duties  of  the  office,  the  body,  officer  or  board 
before  whom  such  hearing  is  had  must  forthwith  remove 
him  from  office.     If  he  be  found  guilty  of  any  of  the  other 
offenses  herein  enumerated  he  may  be  punished  by  removal 
or  by  suspension  without  pay  for   a  period  not  exceed- 
ing   thirty    days,    as    such    body,    board    or    officer    may 
determine.      If   he  has  reason   to   believe   that  any  such 
sealer  or  deputy  sealer  of  weights  and  measures  has  com- 
mitted any  of  the  offenses  specified  in  section  seven  hun- 
dred and  seventy-two  of  the  Penal  Code,  the  state  super- 
intendent may,  in  his  discretion,  present  an  accusation  to 
3—21567 


8  GENERAL   LAWS.    ' 

the  superior  court  of  the  county  in  which  the  accused  is 
employed,  which  shall  thereupon  be  heard  and  determined 
by  such  court  in  the  manner  provided  by  law.  The 
remedies  provided  in  this  section  are  cumulative  merely, 
and  shall  not  in  any  wise  detract  from  the  right  of  the 
appointing  power  to  remove  at  will  any  such  sealer  or 
deputy  sealer  of  weights  and  measures.  It  shall  be 
unlawful  for  the  state  superintendent,  his  deputies,  or 
any  sealer  of  weights  and  measures  to  keep  for  sale,  or 
offer  or  expose  for  sale,  or  to  sell  to  any  person,  firm,  or 
corporation,  or  dealer  in  goods,  wares  and  merchandise, 
doing  or  intending  to  do  business  in  the  State  of  Cali- 
fornia any  weighing  or  measuring  instrument,  or  to  be 
interested  directly  or  indirectly  in  the  sale  of  any  weighing 
or  measuring  instrument.  [1915  Amendment.] 

Conditions  throughout  state  investigated.  Annual  report. 
SEC.  13.  It  shall  be  the  duty  of  the  state  superintend- 
ent to  investigate  conditions  in  the  various  counties,  cities 
and  towns  of  the  state  in  respect  to  weights  and  measures, 
and  to  the  sale  of  goods,  wares  and  merchandise,  commodi- 
ties and  foodstuffs  in  containers.  The  state  superintend- 
ent shall  annually  report  to  the  governor,  and  shall  prior 
to  each  regular  session  report  to  the  legislature  the  work 
of  his  office,  and  shall  make  such  recommendations  as  he 
shall  deem  proper  and  necessary. 

Instructions  to  sealers. 

SEC.  14.  The  state  superintendent  shall  issue  instruc- 
tions and  make  recommendations  to  the  county  and  munic- 
ipal sealers  of  weights  and  measures,  appointed  under  the 
provisions  of  this  act,  and  such  instruction  and  recom- 
mendations shall  govern  the  procedure  to  be  followed  by 
the  aforesaid  officers  in  the  discharge  of  their  duties. 

Record  of  acts  done. 

SEC.  15.  The  state  superintendent  shall  keep  in  his 
office  a  complete  record  of  all  acts  done  by  him  and  a 
record  of  all  prosecutions  for  violation  of  the  provisions 
of  this  act,  and  the  reports  of  the  various  sealers  of 
weights  and  measures  appointed  under  the  provisions  of 
this  act,  which  records  and  reports  shall  always  be  open 
to  the  public. 

Office  of  sealer  of  weights  and   measures  created.     Com- 
pensation and  term.     Deputies.     Failure  to  appoint. 
SEC.  16.     The  office  of  sealer  of  weights  and  measures 
is  hereby  created.     Whenever  in  this  act  the  term  "sealer" 
is  used,   the  same  shall  be  taken   to  mean  and   refer  to 
sealer  of  weights  and  measures.     Within  one  hundred  and 


DEPARTMENT   WEIGHTS    AND    MEASURES. 

twenty  days  after  the  approval  of  this  act  by  the  governor, 
,it  shall  be  the  duty  of  the  board  of  supervisors  of  each  of 
the  counties  of  the  state  except  as  hereinafter  provided,  to 
appoint  a  sealer  of  weights  and  measures  for  their  respec- 
tive counties ;  said  sealer  shall  receive  as  compensation  the 
sum  of  five  dollars  per  day  for  each  day  actually  employed 
in  the  service  of  the  county,  to  be  audited  and  paid  as 
other  claims  against  the  county.  He  shall  be  allowed  his 
traveling  expenses  actually  and  necessarily  incurred  in  the 
performance  of  his  duties.  The  term  of  office  of  such 
sealer  of  weights  and  measures  shall  be  four  years,  but  he 
shall  be  subject  to  removal  at  the  will  of  such  board.  A 
sealer  appointed  under  this  act  may,  with  the  consent  of 
the  board  of  supervisors  of  the  county  appointing  him, 
appoint  a  deputy  or  deputies  when  necessary  or  expedient 
to  carry  out  the  provisions  of  this  act.  The  compensation 
of  such  deputies  shall  be  the  same  as  the  county  sealer  and 
paid  in  the  same  manner.  Such  deputies  shall  always  be 
subject  to  removal  by  the  sealer  of  weights  and  measures. 
In  case  the  legislative  body  of  any  county  or  city  and 
county  shall  not  appoint  a  sealer  for  such  county  or  city 
and  county  within  thirty  days  after  written  request  for 
such  appointment  by  the  state  superintendent,  is  re- 
ceived, said  state  superintendent  shall  assign  as  soon  as 
practicable  a  deputy  superintendent  who  shall  perform 
all  the  duties  of  sealer  in  such  county  or  city  and  county 
as  provided  in  this  act  to  be  performed  by  county  or  city 
sealers  and  to  provide  copies  of  the  original  standards 
of  weights  and  measures  for  use  by  said  deputy  in  such 
county.  The  actual  cost  of  such  services  shall  be  paid 
by  the  county  in  the  same  manner  in  which  other  claims 
against  the  county  are  paid.  The  amount  to  be  paid 
shall  be  at  the  rate  of  one  hundred  and  fifty  dollars  per 
month  for  the  time  such  deputy  superintendent  is  em- 
ployed in  such  county  in  -addition  to  the  actual  traveling 
expenses  of  such  deputy  made  necessary  by  such  appoint- 
ment. The  county  shall  also  stand  its  proportionate 
share  of  the  actual  cost  of  the  set  of  copies  to  be  used  in 
such  county  by  such  deputy,  at  the  rate  of  one-twelfth 
of  the  cost  thereof  for  every  month  such  copies  are 
employed  therein  during  the  first  year  of  their  use,  and 
in  that  event  such  county  may  at  any  time  pay  the 
balance  of  the  cost  of  such  copies  and  become  the  owner 
thereof,  or  the  county  may  pay  rental  to  the  state  for 
the  use  of  such  copies  at  the  rate  of  ten  per  cent  per 
annum  of  the  cost  price  thereof.  [1915  Amendment.'] 

Appointment    of   sealers.        Compensation    and    term.        In 
counties  of  second  class  and   cities  of  first  class. 

SEC.  17.     The  legislative  body  of  any  county,  or  city 
and  county  or  of  any  city  or  town  may  appoint  a  sealer 


10  GENERAL    LAWS. 

of  weights  and  measures,  fix  his  compensation  and  pro- 
vide for  the  appointment  by  the  sealer  or  such  number 
of  deputies  as  the  said  legislative  bodies  may  deem  neces- 
sary and  expedient.  Such  sealer  and  deputies  shall  each 
receive  as  compensation  the  sum  of  five  dollars  per  day 
for  each  day  actually  employed  in  the  service  of  such 
county  or  city  and  county  or  city  or  town.  The  term 
of  office  of  sealer  of  weights  and  measures  appointed 
under  the  provisions  of  this  section  shall  be  four  years. 
He  shall  be  subject  to  removal  by  the  power  appointing 
him.  Deputies  appointed  under  the  provisions  of  this 
section"  shall  be  subject  to  removal  by  the  sealer.  In 
counties  of  the  second  class  and  cities  of  the  first  class  the 
sealer  shall  receive  as  compensation  the  sum  of  twenty- 
four  hundred  dollars  per  year  and  shall  be  allowed  four 
deputies,  who  shall  receive  as  compensation  the  sum  of 
eighteen  hundred  dollars  per  annum,  each  payable  in  the 
same  manner  as  the  salaries  of  other  county  officers  are 
paid. 

Jurisdiction   of  sealers. 

SEC.  18.  The  jurisdiction  of  a  sealer  appointed  or  a 
deputy  state  sealer  employed  for  a  county  shall  extend 
over  the  entire  territorial  limits  of  the  county  appointing 
such  sealer,  except  within  the  territorial  limits  of  those 
cities  and  towns  within  which  sealers  have  been  appointed 
under  the  provisions  of  this  act.  The  jurisdiction  of  the 
sealer  of  weights  and  measures  appointed  by  the  legisla- 
tive body  of  any  city  or  town  under  the  provisions  of  this 
act  shall  extend  over  the  entire  territorial  limits  of  such 
city  or  town. 

Sealers  appointed   heretofore  not  affected. 

SEC.  19.  This  act  shall  not  affect  the  appointment  of 
any  sealer  of  weights  and  measures  heretofore  appointed 
for  any  city,  town  or  city  and  county  under  any  law,  but 
such  sealers  shall  perform  the  duties  of  the  office  under 
the  provisions  of  this  act,  and  shall  possess  the  same 
powers  and  duties  as  sealers  appointed  under  the  provi- 
siojis  of  this  act. 

Copies  of  standards  for  counties,  etc. 

SEC.  20.  Except  as  herein  otherwise  provided  the 
board  of  supervisors  or  legislative  body  of  each  county, 
city,  town  and  city  and  county  of  the  state  shall,  upon 
the  appointment  of  a  sealer  under  the  provisions  of  this 
act,  provide  and  procure  for  their  respective  county,  city, 
town  and  city  and  county,  copies  of  the  state's  standards 
of  weights  and  measures  at  the  expense  of  such  county, 


DEPARTMENT   WEIGHTS    AND    MEASURES.  11 

city,  town  or  city  and  county ;  such  copies  shall  be  verified 
,and  certified  to  by  the  state  superintendent  of  weights  and 
measures  as  in  section  eight  of  this  act  provided. 

Copies  to  be  tested. 

SEC.  21.  Sealers  appointed  under  the  provisions  of 
this  act  shall,  at  least  every  two  years,  cause  to  be  proved 
and  tested  by  the  state  superintendent  copies  of  the 
state's  standards  in  their  possession.  If,  upon  such  in- 
spection, or  any  inspection  by  the  state  superintendent, 
the  copies  of  the  weights  and  measures  tested  shall  be 
found  to  be  incorrect,  the  same  shall  be  adjusted,  if  the 
same  are  susceptible  of  being  adjusted,  but  if  not,  new 
copies  shall  be  procured  and  certified  to  in  the  same 
manner  as  original  copies. 

Copies  deemed  correct. 

SEC.  22.  In  any  prosecution  for  a  violation  of  any  of 
the  provisions  of  this  act  any  copy  of  the  standards  of 
weights  and  measures  of  the  state  furnished,  procured 
and  certified  to  under  the  provisions  of  this  act,  shall  be 
admitted  in  evidence  upon  the  trial,  and  such  copy  shall 
be  deemed  prima  facie  true  and  correct. 

Duties  of  sealers. 

SEC.  23.  It  shall  be  the  duty  of  any  sealer  of  weights 
and  measures  to  carefully  preserve  all  copies  of  the 
standards  of  weights  and  measures  in  his  possession,  and 
to  keep  the  same  in  a  safe  and  suitable  place  when  not 
actually  in  use;  and  it  shall  be  his  duty  annually  and  at 
such  other  times  as  the  state  superintendent  may  require, 
to  file  with  -such  superintendent  a  written  report  of  the 
work  done  by  him  of  the  weights,  measures,  weighing  and 
measuring  instruments  inspected  or  tested  by  him  and  of 
the  result  of  such  inspection,  of  all  prosecutions  instituted 
by  him  for  violations  of  the  provisions  of  this  act  and  of 
all  other  matters  and  things  pertaining  to  his  duties  or 
which  may  be  required  by  the  state  superintendent. 

Dealers   in   weighing   and    measuring    instruments  to   have 

same  tested. 

SEC.  24.  Every  person  using  or  keeping  for  use  or 
having  or  offering  for  sale  weights,  scales,  beams,  meas- 
ures of  every  kind,  instruments  or  mechanical  devices  for 
weighing  or  measurement,  and  tools,  appliances  and  acces- 
sories connected  with  any  or  all  such  instruments  or 
measures  within  a  county,  city,  town,  or  city  and  county 
in  which  there  has  been  appointed  a  sealer  under  the 
provisions  of  this  act,  shall  within  three  months  after  the 
appointment  of  such  sealer  cause  all  such  weights,  scales, 


12  GENERAL   LAWS. 

beams,  measures  of  every  kind,  instruments  or  mechanical 
device  for  weighing  or  measurement,  and  tools,  appliances 
and  accessories  connected  with  any  or  all  such  instru- 
ments or  measures  to  be  sealed  and  marked  by  the  sealer 
of  weights  and  measures  of  the  county,  city,  town  or  city 
and  county  in  which  the  same  are  used,  kept  for  use  or 
kept  or  offered  for  sale. 

Instruments  must  be  tested  before  sale. 

SEC.  25.  No  weight,  scale,  beam,  measure  of  any  kind, 
instrument  or  mechanical  device  for  weighing  or  measure- 
ment, nor  tools,  appliances  or  accessories  connected  with 
any  or  all  of  such  instruments  or  measures  shall  be  used, 
kept  for  use,  sold,  offered  for  sale  or  kept  for  sale  in  any 
county,  city,  town  or  city  and  county,  in  which  there  is  a 
sealer  appointed  under  the  provisions  of  this  act  and  in 
which  for  three  months  there  has  been  continuously  in 
office  in  such  county,  city,  town  or  city  and  county  a 
sealer,  unless  such  weight,  scale,  beam,  measure  of  any 
kind,  instrument  or  mechanical  device  for  weighing  or 
measurement,  and  tools,  appliances  and  accessories  con- 
nected with  any  or  all  such  instruments  or  measures  shall 
have  been  sealed  and  tested  as  in  this  act  provided. 

Instruments  which  may  be  sold.    Subject  to  inspection. 

SEC.  26.  When  any  weight,  scale,  beam,  measure  of 
any  kind,  instrument  or  mechanical  device  for  weighing 
or  measurement,  and  tools,  appliances  and  accessories  con- 
nected with  any  or  all  such  instruments  or  measurements 
have  been  tested  and  found  correct  by  any  sealer  ap- 
pointed under  the  provisions  of  this  act,  the  same  may  be 
used,  kept  for  use,  offered  for  sale,  sold,  or  kept  for  sale 
within  any  county,  city,  town  or  city  and  county  of  this 
state  for  one  year  without  any  further  test.  Any  weight, 
scale,  beam,  measure  of  any  kind,  instrument  or  mechan- 
ical device  for  weighing  or  measurement,  and  tools,  appli- 
ances and  accessories  connected  with  any  or  all  such 
instruments  or  measures,  which  have  been  tested  and 
sealed  and  certified  to  as  correct  by  the  national  bureau 
of  standards,  may  be  kept  for  sale,  sold  or  offered  for  sale 
without  being  first  tested  and  sealed  by  a  sealer  as  in  this 
act  provided.  But  all  such  weights,  scales,  beams,  meas- 
ures of  any  kind,  instruments  or  mechanical  devices  for 
weighing  or  measurement,  and  tools,  appliances  and  acces- 
sories connected  w^ith  any  or  all  such  instruments  or 
measures  shall  always  be  subject  to  inspection  and  testing 
as  herein  provided,  notwithstanding  that  the  same  have 
been  tested  and  sealed  either  by  a  sealer  appointed  under 
the  provisions  of  this  act  or  by  the  national  bureau  of 
standards. 


DEPARTMENT   WEIGHTS    AND    MEASURES.  13 

Testing  of  devices  which  must  be  assembled  before  use. 

SEC.  27.  Any  scale,  beam  or  mechanical  device  for 
weighing  or  measuring,  which,  after  being  sold  and  before 
being  used  for  weighing  or  measuring  it  is  necessary  to 
assemble  or  set  up,  may  be  sold,  kept  for  sale,  or  offered 
for  sale  without  first  being  tested  and  sealed  as  in  this  act 
provided ;  but  such  scale,  beam  or  mechanical  device  for 
weighing  or  measuring,  before  being  used  for  weighing  or 
measuring  must  be  tested  and  sealed  as  in  this  act 
provided. 

Testing   upon   request  of  resident.       Testing   upon   request 

of  firm,  etc.,  using.  Not  relieved  from  violation. 
SEC.  28.  Upon  a  written  request  of  any  resident  of  a 
county,  city,  town  or  city  and  county,  in  which  there  has 
been  appointed  a  sealer  under  the  provisions  of  this  act 
there  appearing  reasonable  ground  therefor,  the  sealer  for 
such  county,  city,  town  or  city  and  county  shall  test  or 
cause  to  be  tested,  as  soon  thereafter  as  is  practicable,  the 
weights,  scales,  beams,  measures  of  any  kind,  instruments 
or  mechanical  devices  for  weighing  or  measurement,  tools, 
appliances  and  accessories  connected  with  any  or  all  such 
instruments  or  measurements  used  in  buying  or  selling 
by  the  person,  firm  or  corporation,  designated  in  such 
request.  Upon  the  written  request  of  any  person,  firm  or 
corporation,  using,  having  for  use,  selling,  keeping  or 
offering  for  sale  any  weight,  scale,  beam,  measure  of  any 
kind  or  instrument  or  mechanical  device  for  weighing  or 
measurement,  tools,  appliances  and  accessories  connected 
with  any  or  all  such  instruments  or  measures,  in  any 
county,  city,  town,  or  city  and  county  in  which  there  has 
been  appointed  a  sealer  under  the  provisions  of  this  act, 
the  sealer  for  such  county,  city,  town  or  city  and  county 
shall  test  or  cause  to  be  tested,  as  soon  thereafter  as  is 
practicable,  the  weights,  scales,  beams,  measures  of  any 
kind,  instrument  or  mechanical  device  for  weighing  or 
measurement,  tools,  appliances  and  accessories  connected 
with  any  or  all  such  instruments  or  measures  belonging  to 
or  used  by  such  person,  firm  or  corporation ;  but  such 
written  request  shall  not  relieve  the  person,  firm  or  corpo- 
ration making  it  from  any  violation  of  the  provisions  of 
this  act  or  of  the  responsibility  provided  in  this  act  for 
using,  keeping  for  use,  selling  or  offering  to  sell,  or  keep- 
ing for  sale,  any  false  weight,  scale,  beam,  measure  of  any 
kind,  instrument  or  mechanical  device  for  weighing  or 
measurement,  tools,  appliances  and  accessories  connected 
with  any  or  all  such  instruments  or  measures. 

Duties  of  sealers.     Weigh   packages. 

SEC.  29.  The  sealer  shall,  within  his  county,  city, 
town  or  city  and  county,  inspect,  try,  test  all  weights, 


14  GENERAL    LAWS. 

scales,  beams,  measures  of  any  kind,  instruments  or 
mechanical  devices  for  weighing  or  measurements,  and 
tools,  appliances  and  accessories  connected  with  any  or  all 
such  instruments  or  measures,  kept  for  the  purpose  of 
sale,  sold,  or  used  by  any  proprietor,  agent,  lessee  or 
employee  in  proving  the  size,  quantity,  extent,  area, 
weight  or  measurement  of  quantities,  things,  produce, 
articles  for  distribution  or  consumption,  purchased  or 
offered  or  submitted  by  such  person  or  persons  for  sale, 
hire  or  award  and  ascertain  if  the  same  are  correct ; 
and  he  shall  have  the  power  to  and  shall,  from  time  to 
time,,  weigh  or  measure  packages  or  amounts  of  com- 
modities of  whatsoever  kind  kept  for  the  purpose  of  sale, 
offered  for  sale  or  sold;  or  in  the  process  of  delivery,  in 
order  to  determine  whether  the  same  contain  the  quantity 
or  amount  represented  and  whether  they  are  being  offered 
for  sale  or  sold  in  accordance  with  law  and  may  seize  for 
use  as  evidence  any  such  amounts  of  commodities  or 
package  or  packages  which  shall  be  found  to  contain  a 
less  amount  than  that  represented.  He  shall,  at  least 
once  in  each  year,  or  as  much  oftener  as  he  deems  neces- 
sary, see  that  the  weights,  measures  and  all  weighing  and 
measuring  apparatus,  used  in  his  county,  city,  town,  or 
city  and  county,  are  correct.  He  may,  for  the  purpose 
above  mentioned,  and  in  the  general  performance  of  his 
duty,  without  formal  warrant,  enter  or  go  into  or  upon, 
any  stand,  place,  building  or  premises  or  stop  any  vendor, 
peddler,  junk  dealer,  driver  of  a  coal  wagon,  ice  wagon 
or  delivery  wagon  or  the  driver  of  any  wagon  containing 
commodities  for  sale  or  delivery  and,  if  necessary,  require 
him  to  proceed  to  some  place  which  the  sealer  may  specify 
for  the  purpose  of  making  the  proper  tests. 

Violators  prosecuted. 

SEC.  30.  Any  sealer  having  knowledge  of  a  violation 
of  any  of  the  provisions  of  this  act,  or  of  any  law  relating 
to  weights  and  measures  shall  cause  the  violator  to  be 
prosecuted. 

Marking    weights    and     measures    tested,     etc.      "Out    of 
order."     Removal  of  tags  prohibited. 

SEC.  31.  Whenever  a  sealer  compares  weights  and 
measures  or  weighing  or  measuring  instruments  and  finds 
that  they  correspond,  or  causes  them  to  correspond,  to  the 
standards  in  his  possession,  he  shall  seal  or  mark,  under 
his  name,  such  weight  or  measure  or  weighing  or  measur- 
ing instrument  with  an  appropriate  device  showing  that 
the  weight  or  measure  or  weighing  or  measuring  instru- 
ment is  correct  and  the  date  of  the  inspection,  which 
device  shall  be  placed  so  as  to  be  easily  seen.  He  shall 
condemn  and  seize  and  may  destroy  incorrect  weights  and 


DEPARTMENT   WEIGHTS    AND    MEASURES.  15 

measures  and  weighing  and  measuring  instruments  which 
in  his  best  judgment  are  not  susceptible  of  repair,  but  any 
weight,    measure    or   weighing    or   measuring    instrument 
which  shall  be  found  to  be  incorrect,  but  which  in  his  best 
judgment  are  susceptible  of  repair,  he  shall  cause  to  be 
marked  with  a  tag  or  other  suitable  device  with  the  words 
"Out  of  Order."     The  owners  or  users  of  any  weights  or 
measures    or   weighing   or   measuring   instruments   which 
have   been   marked    "Out   of   Order,"    as   in    this   section 
provided,  may  have  the  same  repaired  or  corrected  within 
thirty   days,   but  until   the   same  have   been   repaired   or 
corrected   and   tested   as   herein   provided   the   owners   or 
users  thereof  may  neither  use  nor  dispose  of  the  same  in 
any  way,  but  shall  hold  the  same  at  the  disposal  of  the 
sealer.     When  the  same  have  been  repaired  or  corrected 
the  owner  or  user  thereof  shall  notify  the  sealer  and  the 
sealer  shall  again  test  and  prove  the  weight,  measure,  or 
weighing  or  measuring  instrument,  which  had  been  found 
incorrect  and   marked   as   in   this  section   provided,   and 
until   such    weight,    measure,    or   measuring   or   weighing 
instrument  has  been  reinspected  by  the  sealer  and  found 
correct,  the  same  shall  not  be  used  or  in  any  way  disposed 
of  by  the  owner.     Any  person  who  removes  or  obliterates 
any  tag  or  device  placed  upon  any  weight,  measure,  or 
weighing   or  measuring   instrument   by   the  sealer   as   in 
this    act    provided,    shall    be    guilty    of    a    misdemeanor. 
When    any    weight,    measure    or   weighing   or   measuring 
instrument  has  been   repaired  and  corrected,   as   in   this 
act  provided,  and  has  been  reinspected  and  found  correct 
by   the   sealer  of  weights  and  measures,   as   in   this   act 
provided,  the  sealer  of  weights  and  measures  shall  remove 
the  tag  or  device  with  the  words  "Out  of  Order,"  and 
shall  seal  and  mark  such  weight,  measure,  or  weighing 
or  measuring  instrument  in  the  manner  provided  for  the 
marking   of   the   same   where   upon   inspection    they   are 
found  correct. 

Penalty  for  possessing  or  using  false  weights  or  measures. 
SEC.  32.  Any  person  who,  by  himself,  or  his  employee 
or  agent,  or  as  the  employee  or  agent  of  another,  shall 
use,  in  the  buying  or  selling  of  any  commodity,  or  retain 
in  his  possession  a  false  weight  or  measure  or  weighing  or 
measuring  instrument,  or  shall  offer  or  expose  for  sale, 
or  sell  except  as  heretofore  specifically  allowed  in  section 
twenty-seven  of  this  act,  or  use  or  retain  in  his  possession 
any  weight  or  measure  or  weighing  or  measuring  instru- 
ment in  any  county,  city,  town,  or  city  and  county  in 
which  there  has  been  appointed  a  sealer  of  weights  and 
measures  in  accordance  with  the  provisions  of  this  act, 
which  has  not  been  sealed  by  a  sealer  within  one  year, 


16  GENERAL,    LAWS. 

or  who  shall  dispose  of  any  condemned  weight  or  measure, 
or  weighing  or  measuring  instrument  contrary  to  law,  or 
any  person  who,  by  himself,  or  his  employee  or  agent,  or 
as  the  employee  or  agent  of  another,  shall  sell  or  offer  or 
expose  for  sale  or  use  or  have  in  his  possession  for  the 
purpose  of  selling  or  using  any  device  or  instrument  to  be 
used  to  or  calculated  to  falsify  any  weight  or  measure, 
and  any  person  who,  by  himself,  or  his  employee  or  agent, 
or  as  the  employee  or  agent  of  another,  shall  sell  or  offer 
or  expose  for  sale  any  commodity,  produce,  article  or 
thing  in  a  less  quantity  than  the  true  net  weight,  or  true 
net  me'asure  thereof,  or  in  a  less  quantity  than  he  repre- 
sents it  to  be  or  contain,  shall  be  guilty  of  a  misdemeanor. 
Possession  of  such  false  weights  or  measures  or  weighing 
or  measuring  instruments  shall  be  prima  facie  evidence 
of  the  fact  that  they  were  intended  to  be  used  in  the 
violation  of  law.  [1915  Amendment.'] 

Power  of  peace  officers. 

SEC.  33.  The  state  superintendent,  his  deputy,  all 
sealers  and  their  deputies,  in  the  performance  of  their 
official  duties,  shall  have  the  same  powers  as  are  pos- 
sessed by  peace  officers  of  this  state. 

Hindering  sealers. 

SEC.  34.  Any  person  who  shall  hinder  or  obstruct  in 
any  way  the  state  superintendent,  or  his  deputy,  or  a 
sealer  or  his  deputy,  in  the  performance  of  their  official 
duties,  shall  be  guilty  of  a  misdemeanor. 

Refusing  to  exhibit  weights  or  measures. 

SEC.  35.  Any  person  neglecting  or  refusing  to  exhibit 
any  weight,  measure,  or  weighing  or  measuring  instru- 
ment of  any  kind,  or  appliances  and  accessories  connected 
with  any  or  all  of  such  instruments  or  measures  which 
is  in  his  possession  or  under  his  control,  to  the  state 
superintendent,  or  his  deputy,  or  to  a  sealer  or  his  deputy, 
for  the  purpose  of  allowing  the  same  to  be  inspected  and 
examined  as  in  this  act  provided,  shall  be  guilty  of  a 
misdemeanor. 

Refusing  to  exhibit  commodities. 

SEC.  36.  Any  person,  who  by  himself,  or  his  employee 
or  agent,  or  as  a  proprietor  or  manager,  shall  refuse  to 
exhibit  any  article,  commodity,  produce  or  anything  being 
sold  or  offered  for  sale  at  a  given  weight  or  quantity,  or 
ordinarily  so  sold,  to  the  state  superintendent,  or  to  his 
deputy,  or  to  a  sealer  or  his  deputy,  for  the  purpose  of 
allowing  the  same  to  be  tested  and  proved  as  to  the  quan- 


DEPARTMENT   WEIGHTS    AND    MEASURES.  17 

tity  contained   therein   as   in  this  act  provided,   shall  be 
guilty  of  a  misdemeanor. 

Penalty,  for  false  sealing. 

SEC.  37.  Any  sealer  who  shall  seal  any  weight,  meas- 
ure, balance  or  apparatus  before  first  testing  and  making 
the  same  conform  with  the  standards  of  the  state,  or  who 
shall  condemn  any  weight,  measure,  balance  or  apparatus 
without  first  testing  the  same,  shall  be  deemed  guilty  of  a 
misdemeanor. 

Guilty  of  misdemeanor. 

SEC.  38.  Any  person  violating  any  of  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor. 

"Person." 

SEC.  39.  The  word  "person,"  as  used  in  this  act,  shall 
be  deemed  to  include  person,  firm  or  corporation. 

Duty  of  officers  of  corporations. 

SEC.  40.  It  shall  be  the  duty  of  all  officers,  directors 
and  managers  of  corporations,  whose  respective  corpora- 
tions use  or  keep  for  use,  sell  or  offer  for  sale,  any 
weights,  measures,  or  weighing  or  measuring  instruments 
which  are  subject  to  inspection  by  the  provisions  of  this 
act,  to  comply  with  the  provisions  of  this  act  on  behalf  of 
their  respective  corporations  ;  and  it  shall  be  the  duty  of 
all  officers,  directors  and  managers  of  corporations,  whose 
respective  corporations  offer  for  sale  or  keep  for  sale  any 
commodity,  produce,  article  or  thing  which  is  subject  to 
inspection  by  the  provisions  of  this  act,  to  comply  there- 
with on  behalf  of  their  respective  corporations.  In  case 
any  corporation  shall  violate  any  of  the  provisions  of  this 
act,  the  corporation  and  the  officers  thereof  directly  con- 
cerned with  the  act  or  acts  constituting  such  violation 
shall  be  severally  guilty  of  a  misdemeanor. 

Sealing  when  done  by  state  superintendent. 

SEC.  41.  Any  sealing  or  testing  of  any  weight,  meas- 
ure, weighing  or  measuring  instrument  by  the  state  super- 
intendent or  his  deputy  shall  have  the  same  force  and 
effect  as  a  sealing  or  testing  by  a  sealer  or  his  deputy. 

Appropriation. 

SEC.  42.  There  is  hereby  appropriated  out  of  the  gen- 
eral fund  of  the  state  the  sum  of  twelve  thousand  dollars 
for  carrying  into  effect  the  provisions  of  this  act. 

Title  of  act. 

SEC.  43.  This  act  shall  be  known  as  the  Weights  and 
Measures  Act. 


IS  GENERAL    LAWS. 


NET  CONTAINER  ACT 

An  act  to  provide  for  the  indicating  of  the  net  quantity  of 
foodstuffs  and  stuffs  intended  to  be  used  or  prepared 
for  use  as  food  for  human  beings  when  sold  or  offered 
or  exposed  for  sale  in  containers  and  providing  penal- 
ties for  the  violation  thereof. 

[Approved  May  27,   1913;   Statutes  1913,   chap.   167, 

p.  247.     Amendments  approved  June  7,  1915 ;  Statutes 
1915,  chap.  639,  p.  1263.] 

Title  of  act. 

SECTION  1.  This  act  shall  be  known  as  the  Net  Con- 
tainer Act. 

Purpose  of  act. 

SEC.  2.  This  act  is  designed  to  protect  purchasers  of 
any  commodity  within  its  provisions  against  deception  as 
to  the  quantity  or  amount  of  the  commodity  purchased, 
and  as  against  the  seller  shall  be  strictly  construed  with  a 
view  to  effect  its  object. 

Applicable  to  foodstuffs. 

SEC.  3.  The  provisions  of  this  act  apply  to  foodstuffs 
and  stuffs  intended  to  be  used  or  prepared  for  use  as  food 
or  medicine  for  human  beings  and  shall  apply  to  any 
commodity  intended  to  be  so  used  or  consumed  by  human 
beings.  [1915  Amendment.] 

Net  quantity  plainly  marked. 

SEC.  4.  Whenever  any  of  the  commodities  within  the 
provisions  of  this  act  are  sold,  or  offered  or  exposed  for 
sale,  in  containers,  the  net  quantity  of  the  contents  of  the 
container  shall  be  plainly  and  conspicuously  marked, 
branded,  or  otherwise  indicated  on  the  outside  or  top 
thereof  or  on  a  label  or  tag  attached  thereto. 

Designation  of  quantity. 

SEC.  5.  The  designation  of  the  quantity  of  the  com- 
modity required  by  section  four  of  this  act  shall  be  in 
terms  of  weight,  measure  or  numerical  count,  subject 
however  to  the  following  provisions : 

(a)  The  quantity  of  the  contents  so  marked  shall  be 
the  amount  of  food  or  stuff  in  the  package. 

(&)  If  the  designation  is  by  weight  it  shall  be  in  terms 
of  avoirdupois  pounds  and  ounces  ;  if  designation  is  by 
liquid  measure,  it  shall  be  in  terms  of  the  United  States 


DEPARTMENT    WEIGHTS    AND    MEASURES.  19 

gallon  of  231  cubic  inches  and  its  customary  subdivisions, 
i.  e,,  in  gallons,  quarts,  pints,  or  fluid  ounces ;  if  designa- 
tion is  by  dry  measure,  it  shall  be  in  terms  of  the  United 
States  standard  bushel,  and  its  customary  subdivisions, 
i.  e.,  in  bushels,  half  bushels,  pecks,  quarts,  pints  or  half 
pints ;  provided,  that,  by  like  method,  such  designations 
may  be  in  terms  of  the  metric  system  of  weight  or 
measure. 

(c)  The  quantity  of  solids  shall  be  designated  in  terms 
of  weight,  and  of  liquids,  in  terms  of  measure,  except  in 
case    of   an   article    in    respect   to    which    there    exists   a 
definite  trade  custom,  otherwise,  the  designation  may  be 
in  terms  of  weight  and  measure  in  accordance  with  such 
custom. 

(d)  The  quantity  of  the  contents  shall  be  designated 
in  terms  of  weight  or  measure,  unless  the  container  be 
marked   by   numerical    count   and   such   numerical   count 
gives  accurate  information  as  to  the  quantity  of  the  food 
in  the  package.     When  designation  is  by  numerical  count 
it  shall  be  in  English  words  or  Arabic  numerals. 

(e)  The   quantity   of   the   contents   may   be   stated   in 
terms  of  minimum  weight,  minimum  measure  or  minimum 
count,   but  in  such  cases  the  designation  must  approxi- 
mate the  actual  quantity  and  there  shall  be  no  tolerance 
below  the  stated  minimum. 

(f)  The  quantity  of  viscous  or  semi-solid  foods,  or  of 
a  mixture  of  solids  and  liquids,  may  be  stated  in  terms 
of  weight  or  measure,  but  the  statement  shall  be  definite 
and  shall  indicate  whether  the  quantity  is  expressed  in 
terms  of  weight  or  measure.     [1915  Amendment.] 

Act  not  applicable. 

SEC.  6.     The  provisions  of  this  act  shall  not  apply — 
(a)  To  any  sale  of  a  commodity  within  the  provisions 
of  this  act  when  such  sale  is  made  from  bulk  and  the 
quantity  is  weighed,  measured  or  counted  for  the  imme- 
diate purpose  of  such  sale. 

(6)  To  a  sale  of  any  container  of  an  ornamental  or 
symbolic  character  with  which  a  quantity  of  some  com- 
modity is  sold  as  merely  incidental. 

(c)  To  a  sale  of  a  commodity  in  any  container  of  a 
net  weight  of  2  ounces  or  less,  or  of  a  commodity  in  any 
container  of  a  measure  of  2  fluid  ounces  or  less,  or  of  a 
commodity  in  any  container  of  a  numerical  count  of  six 
or  less. 

(d)  To   the   sale   of   medicine,   when   prescribed   by    a 
licensed  physician,  veterinarian,  or  dentist ;  or  to  medicinal 
or   pharmaceutical   preparations    or   mixtures   of   two    or 
more  medicinal  substances.     [1915  Amendment.] 


20  GENERAL   LAWS. 

Violation  defined. 

SEC.  7.  It  shall  not  be  held  to  be  a  violation  of  the 
provisions  of  this  act  when  a  commodity  in  a  container  is 
sold,  or  offered  or  exposed  for  sale,  and  there  is  a  dis- 
crepancy between  the  actual  quantity  of  the  commodity 
in  said  container  and  the  net  quantity  of  the  contents 
thereof  indicated  on  the  container  as  herein  prescribed, 
provided  such  discrepancy  is  due  to  unavoidable  leakage, 
shrinkage,  evaporation,  waste,  or  causes  beyond  the  con- 
trol of  the  seller  acting  in  good  faith. 

No  violation. 

SEC.  8.  It  shall  not  be  held  to  be  a  violation  of  the 
provisions  of  this  act  when  a  commodity  in  a  container 
is  sold,  or  offered  or  exposed  for  sale,  and  there  is  a  dis- 
crepancy between  the  actual  quantity  of  the  commodity 
in  said  container  and  the  net  quantity  of  the  contents 
thereof  indicated  on  the  container  as  herein  prescribed ; 
provided,  that  the  seller  purchased  said  commodity  in  said 
container,  in  good  faith  relying  upon  the  said  indication 
of  the  net  contents  thereof,  and  sold  said  commodity  in 
said  container  without  altering  the  contents  thereof  or 
the  indication  of  the  contents  thereof ;  and  provided, 
further,  that  the  exemption  of  this  section  shall  not  apply 
to  any  sale  unless  the  container  had  the  name  of  a  packer, 
manufacturer,  wholesaler,  or  jobber  thereon  at  the  time 
the  seller  purchased  it. 

"Person." 

SEC.  9.  The  term  "person"  used  in  this  act  shall  in- 
clude every  person,  firm,  company,  copartnership,  society, 
association  and  corporation. 

"Container." 

SEC.  10.  The  term  "container"  used  in  this  act  is 
hereby  defined  to  be  any  receptacle  into  which  a  com- 
modity is  packed  or  put  for  sale  or  to  be  offered  or 
exposed  for  sale. 

Penalty. 

SEC.  11.  Every  person,  who  by  himself  or  his  agent, 
servant  or  employee  violates  or  causes  or  permits  to  be 
violated  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  five  hundred  dollars,  or  shall  be  imprisoned  in  the 
county  jail  for  a  term  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment. 


DEPARTMENT    WEIGHTS    AND    MEASURES.  21 

Federal    requirements.      State    superintendent    to    enforce 

act. 

1  SEC.  12.  All  acts  and  parts  of  acts  inconsistent  with 
or  in  conflict  with  any  of  the  provisions  of  this  act  are 
hereby  repealed. 

(a)  It  shall  not  be  held  to  be  a  violation  of  the  provi- 
sions of  this  act  to  sell  or  offer  for  sale  any  commodity 
contained  in  a  container  which  complies  with  the  provi- 
sions and  requirements  of  any  act  of  congress  or  the 
opinions  and  regulations  as  issued  by  the  secretary  of 
agriculture  and  appertaining  to  net  weight  or  measure. 

(&)  The  enforcement  of  the  provisions  of  this  act  shall 
be  under  the  supervision  of  the  State  Superintendent  of 
Weights  and  Measures.  [1915  Amendment.] 


22  GENERAL   LAWS. 


WEIGHMASTER  ACT 

An  act  defining  public  weigh  master;  describing  his  duties  ; 
providing  for  rules  and  regulations  governing  the  per- 
formance of  his  duties ;  prescribing  a  bond  and  fixing 
the  amount  thereof;  and  providing  penalties  for  any 
violation  of  the  provisions  of  this  act. 

[Approved  June  8,  1915  ;  Statutes  1915,  chap.  653,  p.  1288.] 

Public  weighmaster. 

SECTION  1.  All  persons,  firms,  corporations,  co-partners 
or  individuals  engaged  in  the  business  of  public  weighing 
for  hire,  or  any  person,  firm  or  corporation,  who  shall 
weigh  or  measure  any  commodity,  produce,  or  article,  and 
issue  therefor  a  weight  certificate  which  shall  be  accepted 
as  the  accurate  weight  upon  which  the  purchase  or  sale 
of  such  commodity,  produce  or  article,  is  based,  shall  be 
known  as  a  public  weigh  master,  and  shall  file  a  bond 
with  the  state  superintendent  of  weights  and  measures 
in  the  sum  of  one  thousand  dollars  ($1,000)  for  the  faith- 
ful performance  of  his  duties,  and  shall  obtain  from  the 
state  superintendent  of  weights  and  measures  a  seal  for 
the  stamping  of  weight  certificates  hereinafter  provided 
for,  which  shall  only  be  in  such  form  as  such  superin- 
tendent may  prescribe ;  provided,  that  nothing  in  this  act 
shall  apply  to  any  scales,  or  to  the  owner  or  lessee  thereof, 
which  are  situated  wholly  outside  of  any  incorporated 
city  or  town,  except  where  said  scales  are  being  used  in 
the  weighing  of  any  commodity  which  has  been  or  is  being 
purchased  by  the  owner  or  lessee  of  said  scales  to  an 
amount  in  excess  of  one  hundred  dollars  per  annum ;  and 
except  also  any  scales,  or  the  owner  or  lessee  thereof, 
which  are  being  used  in  the  weighing  of  any  commodity 
accepted  for  storage  and  for  which  a  storage  charge  is 
made. 

Seals. 

(a)  The  said  seals  shall  be  the  property  of  the  state 
and  shall  be  of  a  form  and  design  prescribed  by  the  said 
superintendent  and  furnished  by  him  at  the  expense  of 
the  weigh  master.  Said  seals  shall  be  a  recognized 
authority  of  accuracy  when  applied  to  weight  certificates. 

Weight  certificates. 

SEC.  2.  The  state  superintendent  shall  prescribe  a 
form  of  weight  certificates  to  be  used  by  all  public  weigh 
masters,  which  certificates  shall  be  known  as  the  "state 
certificate  of  weights  and  measures,"  and  shall  state 


DEPARTMENT    WEIGHTS    AND    MEASURES.  23 

thereon  the  kind  of  product,  the  number  of  units  of  the 
same,  the  date  of  receipt  of  the  product,  the  owner,  agent 
or  consignee,  the  total  weight  of  the  product,  the  vessel, 
railroad,  team,  or  other  means  by  which  the  product  was 
received,  any  trade  or  other  mark  thereon,  and  such  other 
information  as  may  be  necessary  to  distinguish  or  identify 
the  product  from  a  like  kind.  No  certificate  other  than 
the  one  herein  prescribed  shall  be  used  by  public  weigh 
masters. 

Records. 

SEC.  3.  All  public  weigh  masters  shall  keep  and  pre- 
serve correct  and  accurate  records  of  all  public  weighings, 
as  provided  by  this  act,  which  records  shall  at  all  times 
be  open  for  inspection  by  the  state  superintendent  of 
weights  and  measures,  or  his  deputy. 

SEC.  4.  All  state  certificates  of  weights  and  measures, 
as  provided  by  this  act,  shall  contain  the  accurate  and 
correct  weight  of  any  and  all  commodities  weighed  when 
issued  by  the  public  weigh  master. 

Penaltv. 

(a)  Any  public  weigh  master  who  shall  issue  a  state 
certificate  of  weights  and  measures  giving  a  false  weight 
or  measure  of  any  article  or  commodity  weighed  or 
measured  by  him,  or  his  representative,  to  any  person, 
firm  or  corporation,  shall  be  guilty  of  a  misdemeanor,  and 
the  state  superintendent  may  direct  and  compel  the  return 
to  him  of  the  state  seal,  or  declare  his  bond  as  public 
weigh  master  forfeited,  or  both. 

SEC.  5.  Any  person,  firm,  or  corporation,  who  shall 
request  the  public  weigh  master,  or  any  person  employed 
by  him,  to  weigh  any  product,  commodity,  or  article, 
falsely  or  incorrectly,  or  who  shall  request  a  false  or 
incorrect  state  certificate  of  weight  and  measure,  shall 
be  guilty  of  a  misdemeanor. 

Re-weighing  in  case  of  doubt. 

SEC.  6.  When  doubt  or  differences  arise  as  to  the 
correctness  of  the  net  or  gross  weight  of  any  amount  or 
part  of  any  commodity,  product,  or  article,  for  which  a 
state  certificate  of  weight  and  measure  has  been  issued 
by  a  public  weigh  master,  the  owner,  agent,  or  consignee 
may,  upon  complaint  to  the  state  superintendent  of 
weights  and  measures,  have  said  amount  or  part  of  the 
amount  of  any  commodity,  product  or  article,  re-weighed 
by  the  state  superintendent  of  weights  and  measures,  or 
a  public  weigh  master  designated  by  him,  upon  depositing 
a  sufficient  sum  of  money  to  defray  the  actual  cost  of 


24  GENERAL    LAWS. 

re-weighing,  with  the  state  superintendent  of  weights  and 
measures.  If  on  re-weighing,  a  difference  in  the  original 
weight  is  discovered,  as  the  result  of  fraud,  carelessness, 
or  faulty  apparatus,  the  cost  of  re-weighing  shall  be 
borne  by  the  public  weigh  master. 

Lots  piled  separately. 

SEC.  7.  All  amounts,  lots,  shipments  or  consignments 
of  products,  after  having  been  weighed,  shall  be  piled  or 
stored  separately,  as  near  as  can  be,  in  order  that  said 
amounts,  lots,  shipments  or  consignments,  may  be  dis- 
tinguished from  each  of  the  other  amounts,  lots,  ship- 
ments, or  consignments  of  a  like  kind. 

Appropriation. 

SEC.  8.  There  is  hereby  appropriated  out  of  the  gen- 
eral fund  of  the  state,  three  thousand  dollars,  for 
carrying  into  effect  the  provisions  of  this  act 

SEC.  9.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 


DEPARTMENT    WEIGHTS    AND    MEASURES.  25 


INDEX  FOR  WEIGHTS  AND  MEASURES  ACT 

Section 
Office    of    superintendent    of    weights    and    measures 

created  1 

Term.     Salary.    Bond 

Deputies.     Salaries 

Traveling  and  office  expenses 4 

Standards  of  weights  and  measures 5 

Custodies  of  standards.     Tolerances 6 

Copies  furnished  cities,  etc.     Testing 8 

Inspection  of  standards  used  by  cities,  etc.     Expense 

of   testing.     Complete  set  of  copies 9 

Testing  of  weights  and  measures  used  by  state  institu- 
tions   10 

Inspecting  work  of  local  sealers 11 

Sealers  who  neglect  duties.     Hearing,  etc.     Not  to  sell 

weighing  instruments 12 

Conditions    throughout    state    investigated.       Annual 

report 13 

Instructions  to  sealers 14 

Record  of  acts  done 15 

Office  of  sealer  of  weights  and  measures  created.    Com- 
pensation and  term.   Deputies.   Failure  to  appoint  16 
Appointment  of  sealers.     Compensation  and  term.    In 

counties  of  second  class  and  cities  of  first  class 17 

Jurisdiction  of  sealers 

Sealers  appointed  heretofore  not  affected 19 

Copies  of  standards  for  counties,  etc. 20 

Copies  to  be  tested 21 

Copies  deemed  correct 22 

Duties  of  sealers 23 

Dealers    in   weighing    and    measuring   instruments   to 

have  same  tested 24 

Instruments  must  be  tested  before  sale 25 

Instruments- which  may  be  sold  subject  to  inspection 26 

Testing  of  devices  which  must  be  assembled  before  use  27 
Testing  upon  request  of  resident.     Test  upon  request 

of  firm,  etc.,  using.     Not  relieved  from  violation —  28 

Duties  of  sealers.    Weight  packages 29 

Violators  prosecuted 30 

Marking  weights  and  measures  tested,   etc.     "Out  of 

Order."     Removal  of  tags  prohibited 31 

Penalty    for    possessing    or    using    false    weights    or 

measures    32 

Power  of  peace  officers 33 

Hindering  sealers 34 

Refusing  to  exhibit  weights  and  measures 35 


26  GENERAL    LAWS. 

Section 

Refusing  to  exhibit  commodities 36 

Penalty  for  false  sealing 37 

Guilty  of  misdemeanor 38 

"Persons"    39 

Duty  of  officers  of  corporations 40 

Sealing  when  done  by  state  superintendent 41 

Appropriation 42 

Title  of  act  _  _  43 


INDEX  FOR  NET  CONTAINER  ACT 

Title  of  act 1 

Purpose  of  act 2 

Applicable  to  foodstuffs 3 

Net  quantity  plainly  marked 4 

Designation  of  quantity 5 

Act  not  applicable 6 

Violation  defined 7 

No  violation 8 

"Persons"    9 

Container 10 

Penalty    11 

Federal  requirements.     State  superintendent  to  enforce 

act    -                                                                              -  12 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.OO  ON  THE  SEVENTH  DAY 
OVERDUE. 


SEP    4  1936 


LD  21-100m-8,'34 


Oaylord  Bros. 

Makers 

Syracuse,  N.  Y. 
PAT.  JAN.  2 1.1 908 


393694 


UNIVERSE  OF  CALIFORNIA  LIBRARY 


